[smith2011]

My husband was issued a court order in the amount of $56.50 a month for child support arrears. The ordered was issued in April 2010 but OCSS has been garnishing $307 a month. He has requested a refund for the overage because he has three other children to support. Can OCSS garnish more than what the court ordered?

[joypulv]

Has he shown the order, and the orders for the other children, to his employer, to see if they are making a mistake?

[Fr_Chuck]

Is there late due support that needs to be caught up ?

But file and go back to court

[cdad]

Is the 56.50 included in the 307 payment and its child support PLUS arrears ?

[cdad]

To answer your original question. Sure they will try anything they can. Most child support services feel they are above the law and hire people with no education or training.

Here is a link for him to look up his case.

OKDHS - Child Support Program Information

[kcomissiong]

This question is actually a little confusing. Is the 56.50 the current support order? What is an order for arrears?

It sounds like you are saying that the support order is for 56.50 but he is being garnished for more than that. If he has not been paying his ordered support, the answer is yes... they can garnish him up to the maximum allowed by your state guidelines until the arrears are paid (There is a formula for this that varies per state). Please clarify a little, there a quite a few experts on these boards that can help with child support questions.

[smith2011]

We realized the mistake after we registered on the OCSS website. We actually have a copy of the order and once my husband quoted it word for word over the phone tl the OCSS rep they suddenly noticed the error. His daughter turned 18 in May of 2010 so he doesn't have any current child support he is simply paying the arrears only at this time. The order was issued to be effective April 2010. Every since the case was initiated, OCSS has been garnishing $234/mth from his ssi (leaving our home of three with $635 ssi a mth). He entered into ssi's back to work program because we couldn't survive on his income. He works part time and as soon as he started the part time job they started garnishing $27.00 a pay check (he gets paid bi-weekly)along with the ssi garnishment as well. He has asked for a refund of the overage and they are just ignoring our email requests. I hope this helps..

[smith2011]

Opps... OCSS is garnishing $253 a month and not $234

[smith2011]

His daughter turned 18 in May 2010 so he is no longer obligated to pay ''current support''. The order was issued April 2010 for $56.60 a month for ''back child support'' but they have been garnishing a total of $307 a month. They are taking $253 from his ssi (leaving us with $635 a month for a family of four). He had to get a part time job through ssi's back to work program due to the huge deductions. As soon as he started the part time job OCSS started garnishing $27 a paycheck (he gets paid bi-weekly).He has been consistently garnished since the order was issued in April 2010. Let me know if I need to clarify anything else =)

[smith2011]

His daughter turned 18 a month after the order was issued so he doesn't owe any current support. He is simply paying the arrears only at this time. The order was for $56.50 but they have been taking $307. We notified them of the mistake and they mailed a form to his employer and ssi but due to their error we feel he is entitled to a refund of the overage. He has 3 other kids to provide for. We have all of our emails saved that they seem to be ignoring.

[smith2011]

We realized the mistake after we registered on the OCSS website. We actually have a copy of the order and once my husband quoted it word for word over the phone tl the OCSS rep they suddenly noticed the error. His daughter turned 18 in May of 2010 so he doesn't have any current child support he is simply paying the arrears only at this time. The order was issued to be effective April 2010. Every since the case was initiated, OCSS has been garnishing $234/mth from his ssi (leaving our home of three with $635 ssi a mth). He entered into ssi's back to work program because we couldn't survive on his income. He works part time and as soon as he started the part time job they started garnishing $27.00 a pay check (he gets paid bi-weekly)along with the ssi garnishment as well. He has asked for a refund of the overage and they are just ignoring our email requests. I hope this helps

[kcomissiong]

Well from what you are saying, it sounds like they are within their rights to garnish up to the allowable maximum until the arrears are satisfied. If your support order was not in arrears, then they could only take the amount of ordered support. You have said that there is no current support order and that this is all arrears. This can be enforced like a debt (it is) and they can garnish up the maximum allowed by your state. They are not bound by the amount of monthly support. Unfortunately, this is not an overage... he is paying the arrears that he already owes. I would however, check to make sure that they are not garnishing more than what is allowed by your state.

[joypulv]

As said, each state has their own laws, and we don't even know how many other children he is supporting, and how many of them are in arrears, and how many court orders there are, all of which are factors. I highly doubt that he is going to get a refund for a mistake, since it isn't an overage; it's a speeded up payment for arrears. He has not supported his kids, gets a part time job because 'you can't afford to live on what you get' - none of that is going to elicit much sympathy from those reviewing his claim, but he can try. And the wheels grind very slowly, especially if books are closed for the fiscal year.

[cdad]

How mauch was his arrears according to the courts? Are you saying that they have been paid off at this point and money is still being taken ?


You mentioned a refund? Refund of what exactly?